| CODE | CVL1102 | ||||||||
| TITLE | The Law of Procedure before the Civil Court (Family Section) | ||||||||
| UM LEVEL | 01 - Year 1 in Modular Undergraduate Course | ||||||||
| MQF LEVEL | 5 | ||||||||
| ECTS CREDITS | 4 | ||||||||
| DEPARTMENT | Civil Law | ||||||||
| DESCRIPTION | This study-unit provides students with the tools necessary to understand the procedure regulating the Civil Court, First Hall, sitting in its Family competence. The procedure before the Family Section is different from that adopted by the Civil Court in its ordinary competence. The relevant provisions regulating the procedure before the Civil Court, Family Section, are found in the Code of Organization and Civil Procedure and, more specifically, in regulations made in 2003 under the said Code which deal with procedures relating to family matters. Students will be taught the laws and case law relevant to the subject of this study-unit. Study-unit Aims: The aim of this study-unit is to equip the student with the necessary knowledge of the rules governing proceedings before the Civil Court, Family Section. These include: conciliation between the spouses; mediation by an officially appointed mediator who will try and mediate between the spouses with a view to assisting them to settle in an amicable way their dispute; the role of the Children's Advocate and of court experts; the rules regulating separation between the spouses; the role of the judge in separation proceedings; dissolution of a civil marriage by court order (as distinct from an annulment of a Catholic marriage by the Church's Ecclesiastical Tribunal). Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: (a) understand the rules which regulate separation; (b) know how the interests of children are protected by the Child Advocate before the Civil Court, First Hall (Family Section); (c) understand the role of mediator in the Family Section both with regard to the mediation process properly speaking and the extended role of mediator - that of marriage conciliator; (d) know the rules of procedure regulating annulment of a civil marriage. 2. Skills: By the end of the study-unit the student will be able to: (a) apply the procedure leading to a separation between spouses; (b) identify the exact role of the Children's Advocate in separation proceedings; (c) write on the role of the Mediator in separation proceedings; (d) comment upon the role of the presiding Judge in separation proceedings; (e) interpret the civil procedure rules relating to an annulment of a civil marriage. Main Text/s and any supplementary readings: Code of Organization and Civil Procedure, Chapter 12 of the Laws of Malta. Professor Victor Caurana Galizia, "Notes on Civil Law", Faculty of Laws, University of Malta. |
||||||||
| ADDITIONAL NOTES | Students taking this study-unit need to have a background in law. | ||||||||
| STUDY-UNIT TYPE | Lecture | ||||||||
| METHOD OF ASSESSMENT |
|
||||||||
| LECTURER/S | Lawrence Quintano Deborah Schembri Tatiane Scicluna Cassar |
||||||||
|
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2024/5. It may be subject to change in subsequent years. |
|||||||||